Fed. R. App. P. 44(b) sets forth a notice requirement when a party challenges a state statute: “If a party questions the constitutionality of a statute of a State in a proceeding in which that State or its agency, officer, or employee is not a party in an official capacity, the questioning party must give written notice to the circuit clerk immediately upon the filing of the record or as soon as the question is raised in the court of appeals. The clerk must then certify that fact to the attorney general of the State.” If an adverse party challenges a state statute but does not give this requisite notice, the attorney for the government should request that opposing counsel do so, or, if necessary, notify the circuit clerk on his or her own.

[added July 2018]